Planning & Zoning Commission

MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE TOWN OF PINETOP-LAKESIDE, ARIZONA, HELD TUESDAY, FEBRUARY 3, 2015, IN THE TOWN COUNCIL CHAMBERS. Chairman Jarchow called the Regular Meeting to order at 6:00 p.m. Roll call was as follows: ROLL CALL: Present Absent Present Absent John Jarchow X Timothy Williams X James Snitzer X Ken Haught X Rob Ingels X Adam Staley X _____ Richard Smith X STAFF PRESENT: Paul Esparza, Community Development Director, Roger Williams, Mayor of Pinetop-Lakeside and Jill Akins, Assistant to the Town Clerk. ITEM NO. 3, CALL TO THE PUBLIC: Mayor Roger Williams said he would like to personally thank the Commission for their efforts in getting the General Plan approved. He said the Commission did a great job and put a lot of time, thought and effort into the General Plan, and said we finally have a General Plan that hopefully would not be voted down. He said he is pleased with the outcome. ITEM NO. 4, INFORMATION/DISCUSSION/LEGAL ACTION RE: APPROVAL OF REGULAR MEETING MINUTES FOR JANUARY 20, 2015: COMMISSIONER WILLIAMS MOVED TO APPROVE THE MEETING MINTUES FROM THE JANUARY 20, 2015 MEETING. COMMISSIONER SMITH SECONDED THE MOTION AND IT CARRIED UNANIMOUSLY. ITEM NO. 5, INFORMATION/DISCUSSION/LEGAL ACTION RE: OPEN SPACE DEFINITION AND CLARIFICATION: Chairman Jarchow said in Title 16, 16.04.030 Purpose and Intent A., Open Space would be changed to Unbuilt Lot Area. Chairman Jarchow said number 22 Cluster Development definition is the next area where Open Space would need to be changed. Commissioner Williams said if it is designated as Open Space can, for example, the developer put a clause that people cannot use it and it cannot be built on. Chairman Jarchow said in most cases it is designated to be retained as undeveloped. Commissioner Staley said it does not cover everything and is the implication that you can use it at your own risk or is it the intent to be left open for people to enjoy and use although it is not unbuilt, as a recreation area. Chairman Jarchow said what if, for the time being, the wording is changed to Unbuilt Common Area as opposed to Unbuilt Lot Area. Commissioner Staley said he agreed with the suggested wording. Chairman Jarchow said for the time being number 22 Open Space would be changed to Unbuilt Common Area. He said 1 number 27 would be Unbuilt Lot Area. He said in most cases a conservation easement is going to be across a single lot. A long discussion ensued regarding the change in wording. Mr. Esparza said the Town Attorney would review the document. Chairman Jarchow said number 82, number 83 and number 84 Open Space would be changed to Unbuilt Common Area active, Unbuilt Common Area passive and Unbuilt Common Area preserved. Commissioner Staley questioned the wording in the number 83 passive statement. He said not all spaces would be designated by a HOA or POA. Commissioner Staley said if there is not a HOA or POA the common area tract would not necessary be owned, in common, by all of the property owners. A discussion ensued over the wording of the sentence for number 83. Chairman Jarchow suggested the sentence to say “passive Unbuilt Common Area is designated and may be owned in common by all property owners or may be held by the jurisdiction.” He said number 89 would be Planned Unit Development (PUD) would be changed to Unbuilt Common Area. He said the next item is 16.12.010 Rural residential (R-Low, 1 acre and larger). He said this is where the zoning regulations would come into play, and asked would the regulations be the same for a gated subdivision versus a subdivision open to the entire community. Commissioner Ingels said if the subdivision is open to the entire community and if it is an unbuilt common area it would be for the benefit of the greater community. He said if the area is accessible to the public it is a benefit and they should not be required to have as much unbuilt common area as those that would be in a gated community. Chairman Jarchow said they would have a higher percentage of land to develop than a private development. Commissioner Ingels said there is a community benefit to public unbuilt areas. Tom Jernigan said Vice Chairman Snitzer had an idea of gaining easements through trails by discounting the amount of unbuilt common area acreage the builder would have to provide. Chairman Jarchow said if a development or subdivision has open use there would be one set of standards and if they have restricted use there would be a different set of standards. He asked if the Commission would want to encourage developing subdivisions for the benefit of the entire community and/or does the Commission want to incentivize in that way. Commissioner Williams said this could be a problem. Commissioner Haught said access in gated communities could pose a problem. A discussion ensued regarding the idea of offering an incentive to builders. Vice Chairman Snitzer said it would give the Commission the ability to give an incentive to builders. Chairman Jarchow said the subdivision would go through a Commission and Town Council review. He said if the Commission is going to encourage trail connectivity and fashion the community as a trail town to outdoor enthusiasts this would be a way to incentivize. Commissioner Ingels said words like adequate or sufficient in front of public benefit convey the idea that it is not a wasted piece of land. He said it would be the Commissions role as site plan review and design review to maintain the standards. He said landscaping and buffering has a benefit to the community. He said he likes the concept of mixed use and clustering because it opens the opportunity for the public benefit of maintaining the most desirable parts of our community to be shared by all of the community. Commissioner Smith said the cost of development has to be considered. He said if the cost of development is raised there would not be any developers and there would not be any affordable housing. He said what development there would be, would be very pricey. Vice Chairman Snitzer said giving extra credit for unbuilt common area would lower the cost of development because it would free up more land to be developed. Chairman 2 Jarchow said there is a premium to be paid to live in a place where you do not have people walking around or near your property. Commissioner Williams said the building permits are for each house that is built on each piece of property. Mr. Jernigan said he agrees with Vice Chairman Snitzer it would lower the cost of development. Commissioner Ingels said it would lower the cost of development and the benefit of the desirable land is maintained in the natural state and would benefit the public. Mayor Williams said he likes the idea of incentives for developers. Chairman Jarchow said for item 16.12.010 Rural residential (R-Low, 1 acre and larger) the wording would be changed to Unbuilt Lot Area. He said item C would be Unbuilt Common Area. Chairman Jarchow said 16.12.020 Suburban residential would be more public Unbuilt Common Area and C would be Unbuilt Common Area. Chairman Jarchow said 16.12.030 Urban residential would be changed to Unbuilt Common Area and said 16.12.060 Planned unit development would be Unbuilt Common Area. He said 16.16.020, 16.16.030 and 16.16.050 Open Space would be changed to Unbuilt Common Area. Chairman Jarchow said 16.16.060 D number three there would be Unbuilt Common Area only once and remove the second Unbuilt Common Area. He said 16.20.010 Purpose and intent number four would be Unbuilt Common Area. He said Chapter 16.24.040 would be changed to Unbuilt Area. He said 16.24.010 Purpose Open Space replacement is undecided and the Commission would come back to this item. Chairman Jarchow said 16.24.030 A. General site design standards after the word provide would be Unbuilt Area and after the word community would be Unbuilt Common Area. He said 16.24.030 B number one would be landscaped Unbuilt Area. He said in C the words community Open Space would be removed and replaced with Unbuilt Common Area. Chairman Jarchow asked Mr. Esparza if a developer asked to see the Pinetop-Lakeside Urban Trail System what would you show them. Mr. Esparza said he would show them the map Mr. Jernigan developed. He said it is not official, but said it has been accepted and used for some time. Chairman Jarchow said if the Zoning Code refers to the Pinetop-Lakeside Urban Trail System Town Council should concur and be approved by resolution. Chairman Jarchow said under item C Open Space would be replaced with Unbuilt Area and the second sentence would be restructured to read “These Unbuilt Areas or trails shall be the responsibility of the developer and shall be part of the subdivision design.” He said the third sentence would be changed to read “These trails shall be part of a “tract” unless the Unbuilt Area has been accepted by the Town of Pinetop-Lakeside in to the Town Park system for maintenance responsibility.” Chairman Jarchow said 16.24.040 would be Unbuilt Area Requirements and 16.24.010 Purpose Open Space replacement that was undecided above would be Unbuilt Area. He said all Open Spaces in 16.24.040 A would be changed to Unbuilt Area. Commissioner Ingels said the sentence does not read correctly to him. Chairman Jarchow said the third Open Space/Unbuilt Area would be removed from the sentence. Commissioner Ingels said the sentence needs to be clarified and more detailed. Chairman Jarchow suggested “The purpose of these unbuilt area regulations is to provide for, among other things, recreational opportunities, trails and view corridors within each subdivision with connectivity to the greater community.” Commissioner Ingels said he liked the suggested wording. More discussion ensued and it was decided to remove view corridors form the suggested sentence wording. Chairman Jarchow said 16.24.040 number one would be Unbuilt Common Area. Commissioner Ingels said it is consistent with the Open Space concept that most people in the community 3 have. Chairman Jarchow said 16.24.040 number two and Table 3 would be changed to Unbuilt Common Area. He said Unbuilt Common Area Requirements would be Preserved Unbuilt Common Area and Percentage of Unbuilt Common Area. Chairman Jarchow said 16.24.040 B numbers one through number four all Open Space wording would be changed to Unbuilt Common Area. He said 16.24.050 Landscape requirements number one would be changed to Unbuilt Common Area. Chairman Jarchow said number seven under Design Standards would be changed to Unbuilt Common Area incentive. Chairman Jarchow asked Mr. Esparza to correct the typo of 16.24.04(B)(6) to 16.24.04(B)(2f). Mr. Esparza said he would correct the typo. After discussing the statement from 16.24.04(B)(2f) it was decided the statement would be changed to read “If the developer chooses to provide a minimum ten foot curb separated sidewalk, the “boulevard strip” area, inclusive of that portion of the public right-of-way starting from the back of curb and including any easement specifically granted for landscaping or pedestrian purposes, may be calculated as part of the required active Unbuilt Common Area.” Chairman Jarchow said number five under 16.32.020 would be changed to Unbuilt Lot Area. ITEM NO. 6, STAFF REPORTS: Paul Esparza said he is working with Leah Chavez, Town Clerk, on the General Plan publicity pamphlets. The Commission asked to see a draft of the pamphlet. He said General Plan arguments are due by February 18, 2015. He said arguments for and against the General Plan are expected to be submitted. He said the General Plan election would be held on May 19, 2015. Mr. Esparza said he would be giving a status report at each meeting. He said there is a potential ten acres residential development on Buck Springs Road. He said it is zoned Planned Unit Development (PUD). He said it is a Tucson architect firm designing the project. He said they are in the design phase now and they are aware of the Open Space changes. Mr. Esparza said the Planning and Zoning Commission would be able to preview the project. He said the Commission would provide comments, but said no action would be taken. He said there are multiple tenant improvements. He said the Silver Creek Mortuary would be moving in to the building behind the Picnic Basket restaurant. He said Barnet Delaney Eye Center would be moving into the Safeway center. He said a furniture store would be moving into the center where Little Caesars is located. He said the gas station that was the Chevron station would be opening in March. He said a pizza restaurant would be opening up in the WME Theater complex. Chairman Jarchow asked Mr. Esparza to include enforcement issues in his status report. ITEM NO. 7, FUTURE AGENDA ITEMS: Commissioner Haught said he would like a Navajo County representative invited to the Planning and Zoning meetings. Mr. Esparza said he would look into inviting a county representative attend the meetings. Chairman Jarchow said future agenda items would be an update on trailhead and trail connectivity, code areas to review, Vice Chairman Snitzer would provide a word search on “development agreement” in the Zoning Code, implementation measures for land use goals utilizing buffering, City of Tucson Neighborhood Preservation and Ordinance and 4 enforcement issues. Chairman Jarchow asked Mr. Esparza to have the City of Tucson Neighborhood Preservation and Ordinance in the next Planning and Zoning Commission packet. Chairman Jarchow said additional future agenda items would be reviewing the Zoning Code, density and zoning district, reviewing and improving Town regulations and conduct design review. He asked Vice Chairman Snitzer to also provide a word search on “design review”. He would also like an agenda item to be incorporating the zoning protection from the 2001 Regional Plan. Commissioner Williams said to keep meetings to two agenda items per meeting. The meeting adjourned at 7:55 p.m. Dated this 5th day of February 2015. PINETOP-LAKESIDE PLANNING AND ZONING COMMISSION _____________________________________________ Jill Akins, Assistant to the Town Clerk 5